Topic: Aviation and Aerospace

White House Issues Memorandum Announcing UAS/Drone Integration Pilot Program

On October 25, 2017, the White House issued its previously-rumored Presidential Memorandum (“Memorandum”) calling for the establishment of a UAS Integration Pilot Program (“Program”) to test the further integration of Unmanned Aircraft Systems (“UAS” or “drones”) into the national airspace system (“NAS”) in a select number of State, local and tribal jurisdictions. 

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Hurricane Harvey Has and Will be a Test for Many – Including Drones

A primary use case for drones in the insurance industry is the safer, quicker and more accurate adjustment of claims. With displaced insureds, flooded streets, and significant property damage that could remain inaccessible for extended periods, the ability for insurance companies to quickly and relatively conveniently fly their drones and adjust claims will be on full display.

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Insights into antitrust issues with joint underwriting focus of Mealey’s Emerging Insurance Disputes article from Locke Lord

Insurance companies face increased scrutiny from both government antitrust enforcers and the plaintiff antitrust class action bar. With many companies now undertaking a reassessment of their practices for compliance with antitrust laws, antitrust issues are arising with joint underwriting arrangements, such as pools and binding authorities, where a single underwriter prices and accepts risks on common terms for several insurers.

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World Trade Center Developers Were Fully Compensated by $4.091 Billion in Insurance Proceeds, and Thus Cannot Recover Additional Funds from Insurers

On Wednesday U.S. District Judge Alvin K. Hellerstein dismissed on summary judgment a lawsuit by several companies associated with World Trade Center developer Larry Silverstein (the “WTC Developers”) which sought to recover funds from a $1.2 billion settlement between their insurers and several airlines and airport security companies (the “Aviation Defendants”).

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When Used Parts are as Good as New – Ninth Circuit Rules GARA’s Statute of Repose Trigger Date Applies Equally to Both

The Ninth Circuit Court of Appeals recently held that the statute of repose created under the General Aviation Revitalization Act (“GARA”) provides an aircraft’s individual component parts’ manufacturers the same protections as the aircraft manufacturer itself, even where the part in question is used and becomes incorporated on a later delivered aircraft that is not entitled to protection. 

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Ninth Circuit Affirms Foreign Nationals’ Standing to Challenge “No-Fly List” Inclusion

In a decision likely to impact foreign nationals as well as airlines, airports, and related insurers, the 9th Circuit Court of Appeals recently affirmed a lower court ruling which held that a Malaysian citizen studying in the U.S. has legal standing to sue in U.S. courts to challenge the mistaken presence of her name on the No-Fly List. 

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